Terms of Service

Effective Date: January 1, 2026

These Terms of Service (“Terms”) govern your access to and use of Kohn AI, including any associated applications, websites, and services (collectively, the “Services”). These Terms form a binding agreement between you and Kohn Communications, Inc. (“Kohn,” “we,” “us,” or “our”).

By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Who We Are

Kohn Communications, Inc. is a California-based company providing AI-powered business development and coaching tools.

Kohn AI is an AI-powered coaching assistant trained on Kohn’s proprietary business development frameworks.

Business Address:

PO Box 536

Pacific Grove, CA 93950

United States

2. Eligibility and Accounts

You must be at least 18 years old to use the Services.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not share your account or allow others to access it without authorization.

If you use the Services on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

3. Use of the Services

Permitted Use and Intended Purpose

The Services are intended solely for use by individuals and organizations seeking to improve their own marketing, sales, or business development activities.

The Services may not be used by competitors of Kohn, including any individual or entity that develops, offers, evaluates, or supports products or services that compete with Kohn AI or Kohn’s business development offerings, whether directly or indirectly.

Kohn reserves the right, in its sole discretion, to review, restrict, suspend, or terminate access to the Services if we determine that a user’s access or use is inconsistent with the intended purpose of the Services, poses competitive risk, or otherwise conflicts with Kohn’s legitimate business interests. Such determinations may be made at any time and without obligation to provide detailed justification.

Prohibited Uses

You may not:

  • Use the Services for unlawful, harmful, or deceptive activities
  • Infringe or misappropriate the intellectual property or rights of others
  • Attempt to reverse engineer, decompile, or extract source code, models, or system logic
  • Interfere with or disrupt the Services or bypass safeguards
  • Represent AI-generated output as human-generated where doing so would be misleading

4. Content and AI Output

Definitions

  • Input: Information you provide to the Services
  • Output: Content generated by the Services in response to Input
  • Content: Input and Output together

You are responsible for your Content and for ensuring that your Input complies with applicable law and these Terms.

Ownership

  • You retain ownership of your Input
  • You own the Output generated for you by the Services

Kohn retains all rights to:

  • The Services
  • Underlying models
  • Prompts
  • System design
  • Proprietary frameworks, methodologies, and training materials embedded in the Services

Ownership of Output does not grant any rights to Kohn’s underlying intellectual property.

5. Data Use and Third-Party AI Providers

Kohn does not use your Content to train its own models.

To provide the Services, your Input may be processed by third-party large language model providers, including OpenAI and Anthropic, solely for the purpose of generating Output for you. These providers process data under their own terms and policies.

Where contractual controls are in place, Kohn does not permit third-party providers to use your Content to train their models.

6. AI Limitations and Disclaimers

You acknowledge and agree that:

  • AI-generated Output may be inaccurate, incomplete, or misleading
  • Output is provided for informational and coaching purposes only
  • You are responsible for reviewing and evaluating Output before relying on it

No Professional Advice

The Services do not provide legal, financial, medical, HR, compliance, or other professional advice. Output should not be relied upon as a substitute for advice from a qualified professional.

You remain solely responsible for decisions and actions taken based on your use of the Services.

7. Communications

By creating an account and using the Services, you agree to receive email communications from Kohn related to your use of the Services. These communications may include:

Transactional and Account Communications

  • Billing receipts and invoices
  • Payment failures or subscription renewals
  • Password resets and security alerts
  • Service updates or outages
  • Important account notifications

Product and Educational Communications

  • How to use features
  • Best practices or tutorials
  • "Getting started" onboarding emails

You may opt out of product and educational communications at any time by following the unsubscribe instructions in those emails. Transactional and account communications are necessary for the operation of your account and cannot be opted out of while your account is active.

8. Paid Services and Billing

Certain features of the Services require payment.

  • Fees are billed in advance on a subscription or usage basis, as disclosed at purchase
  • All payments are non-refundable
  • You are responsible for applicable taxes

Failure to pay may result in suspension or termination of access.

9. Suspension and Termination

You may stop using the Services at any time.

Kohn may suspend or terminate your access if we reasonably determine that you:

  • Violated these Terms
  • Used the Services in a manner inconsistent with their intended purpose
  • Posed competitive, legal, or operational risk
  • Failed to pay required fees

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOHN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

KOHN DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT OUTPUT WILL BE ACCURATE OR RELIABLE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • KOHN WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES
  • KOHN’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO KOHN IN THE 12 MONTHS PRECEDING THE CLAIM

Some jurisdictions do not allow certain limitations, so these limits may not apply to you in full.

12. Indemnification

If you use the Services on behalf of a business or organization, you agree to indemnify and hold harmless Kohn and its officers, employees, and affiliates from claims arising out of your use of the Services or violation of these Terms.

13. Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration, except where prohibited by law.

  • Arbitration will be conducted on an individual basis
  • Class or representative actions are not permitted
  • California law governs these Terms

Either party may seek injunctive relief for misuse of intellectual property or unauthorized access.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via the Services or email. Continued use of the Services after changes take effect constitutes acceptance.

15. Miscellaneous

  • These Terms constitute the entire agreement between you and Kohn regarding the Services
  • If any provision is found unenforceable, the remainder will remain in effect
  • Failure to enforce any provision is not a waiver

Questions?

Contact Kohn Communications, Inc. at the address listed above.